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HomeMy WebLinkAbout20201693 Ver 1_USACE Permit_20201120U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00596 County: Guilford U.S.G.S. Quad: NC -Lake Brandt GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: City of Greensboro Attn: Michael Borchers Address: 2602 South Elm Eugene Street Greensboro, NC 27406 Size (acres) —0.94 Nearest Town Greensboro Nearest Waterway UT to Jorden Branch River Basin Cape Fear USGS HUC 03030002 Coordinates 36.135637,-79.754433 Location description: The project area is located on both sides of Voss Avenue, approximately 0.3 mile north of its intersection with Cody Avenue in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of dredged or fill material into a total of 561 linear feet of streams and 0.003 acre of wetlands, necessary for stream restoration including construction access activities and culvert renlacement, associated with the Voss Avenue Stream Restoration and Culvert Replacement nroiect. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 27. Aquatic Habitat Restoration, Establishment and Enhancement Activities SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 10/30/2020, and the enclosed "Voss Avenue Culvert Replacement & Stream Restoration" plan package Sheets 1 through 20. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at (919) 554-4884 X 30 or David.E.Bailev2(&usace.armv.mil. Date: 2020.11.20 12:10:58 Corps Regulatory Official: -05-00- Date: 11/20/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army."Vcm_apex/f?p=136:4:0 Copy furnished: Cynthia C. Lancaster, P.E., LJB, Inc., Kemersville, NC 27284 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 Action ID Number: SAW-2020-00596 Permittee: City of Greensboro (Attn: Michael Borchers) County: Guilford Project Name: Voss Avenue Stream Restoration and Culvert Replacement / City of Greensboro / Guilford County / municipal Date Verification Issued: 11/20/2020 Project Manager: David E. Bailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SAW-2020-00596 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: City of Greensboro (Attn: Michael Borchers) 1.2 Activity location -Latitude- 36.135637 Longitude:-79.754433 Location description: The project area is located on both sides of Voss Avenue, approximately 0.3 mile north of its intersection with Cody Avenue in Greensboro, Guilford County, North Carolina. 1.3 Description of activity requiring verification -This verification would authorize the permanent discharge of dredged or fill material into a total of 561 linear feet of streams and 0.003 acre of wetlands, necessary for stream restoration including construction access activities and culvert replacement, associated with the Voss Avenue Stream Restoration and Culvert Replacement project. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 11/12/2020 1.6 Jurisdiction Determination completed? No JD has been completed. 1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 27. Aquatic Habitat Restoration, Establishment and Enhancement Activities 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional condition(s)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The project involves mechanized land clearing, excavation, the placement of fill and stream relocation activities in 561 linear feet of stream channel associated with aquatic resource restoration and enhancement and culvert replacement activities. Activities include realignment of the main channel away from threatened properties and utilities, streambank stabilization and vegetation establishment, installing in -stream structures, constructing new stream channels with appropriate dimension and depth to access their functioning floodplain elevations; creating a stable pattern and profile considering the hydrologic and sediment inputs to the system; installing habitat features such as constructed riffles and brush toes into restored/enhanced streams, adding woody materials to channel beds and constructing pools of varying depths; and planting native tree and understory species in the riparian SAW-2020-00596 zone. The culvert replacement would involve replacing the 48" circular RCP culvert that conveys water under Voss Avenue approximately in place with a double box culvert with a low flow box and a high -flow box that would increase hydraulic and floodplain connectivity. Although best management practices will be utilized during construction, activities may result in temporary water quality issues such as increased sediment, turbidity, and loss of aquatic habitat. However, ultimately the project will result in overall functional improvement of resources by increasing stream stability; reducing bed and bank erosion; restoring hydrologic connections between bankfull channels and floodplains, wetlands, and vernal pools; improving instream habitat and instream habitat connectivity; reducing agricultural pollutant loading; enhancing riparian buffers, increasing stream shading; and increasing in -stream woody debris. 2.2 Site specific factors: The project area is part of a watershed that is primarily composed of forested and agricultural land but includes urbanized and growing residential and commercial developments around the 1-40/85 corridor. This area has a long history of intensive farming practices which has resulted in long term degradation to aquatic resources. Given the urbanizing nature of the watershed, the waters within the project area provide important aquatic resource functions to downstream waters. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. Agency coordination is not required and was not conducted for the proposed project. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site -The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. The project involves stream restoration, enhancement, and preservation activities on a mitigation bank site intended to provide compensatory mitigation for impacts associated with other Department of the Army permit actions. Although the project would result in the net reduction of stream channel length within the limits of disturbance from approximately 561 linear feet to 422 linear feet, the project would realign the main channel from previously relocated roadside and property -side trapezoidal ditch positions closer to the approximated flow path prior to the development of the Voss Forest s/d (cir. 1950s, see plant map in file notarized on 3/22/1953). The existing stream features are highly manipulated, immediately adjacent to roads and houses, incised, have eroding banks, and contain very little in -stream habitat. Similarly, the very small wetland proposed to be within the footprint of stream restoration activities is a vegetated sediment bar alongside a highly unstable meander of the Unnamed Tributary channel — this feature is visibly low functioning. Given the natural channel design principles used for this project, the project will result in a net uplift (channel stability, in -stream habitat, floodplain connectivity) to the currently low aquatic functions on this site. SAW-2020-00596 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No. Provide rationale: No compensatory mitigation is required because the activity consists entirely of restoration activities. No compensatory mitigation is required because the activity involves impacts to low quality aquatic resources. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. IPAC Species in Guilford County: Schweinitz's sunflower (Helianthus schweinitzii) - Endangered Small whorled pogonia (isotria medeoloides) — Threatened Effect determination (s), including no effect, for all known species/habitat, and basis for determination(s): Based on the latest version of the Natural Heritage Program's NHEO data and a site visit, there are no protected species located within or in the vicinity of the action area. The Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. Based on my site visit on 2/14/2020, only marginal habitat suitability exists for Schweinitz's sunflower and small whorled pogonia. Further, based on our GIS analysis, the nearest known occurrences of Schweinitz's sunflower and small whorled pogonia are located greater than 16 miles SSE and 10 miles E of the action area, respectively 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE sent a Situation 1 email to the Service on 11/20/2020, informing them about this project. Service Concurrence: as established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule; SAW-2020-00596 therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. No. See Section 3.2 above. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area -The permit area includes those areas comprising waters of the United States that will be directly affected by the proposed work or structures, as well as activities outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix C(g)(1) have been met. Final description of the permit area: All three test have been met and portions of the larger project undertaken outside of waters of the U.S. are in the permit area. Activities undertaken outside WOUS are included in the permit area because those activities are directly associated and integrally related with the authorized work and those activities would not occur but for the authorization of the work within the WOUS. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site visit, there are no known historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been extensively modified. The area was developed into the Voss forest residential s/d in the 1950s, and stream channels and the immediately surrounding areas have all been re -aligned and filled/disturbed accordingly. 3.3.4 The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities SAW-2020-00596 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? No. If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. SAW-2020-00596 1U04: 1:41111I '1a Date: 2020.11.20 12:10:22-05'00' David E. 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